Funding: Ensure Judiciary gets its allotments, and on time, to keep it independent

As the island celebrates Law Week to increase and improve the public's understanding of the courts and the role our judicial system plays in the community, it is important to emphasize that the Judiciary is a separate and equal branch of the government of Guam.

Until not that long ago, the local Judiciary was subject to the whim of the Legislature, because there was no foundation for it in the Organic Act of Guam. That changed when President George W. Bush in 2004 signed a measure that amended the Organic Act to establish the Judiciary as an independent branch of the government of Guam -- equal to the legislative and executive branches.

Unfortunately, the two other branches since then have repeatedly treated the courts as if they were a line agency under the executive branch, instead of as an independent and equal part of the government.

Local law entitles the Judiciary of Guam to 4.6 percent of the revenue collected in the GovGuam General Fund.

But in August of last year, the courts were owed about $4.2 million from the government of Guam, primarily because it had been receiving just a fraction of its budget allotments. This year, the same problem continued -- as of last month, the government owed the Judiciary about $3.5 million in budget allotments dating back to Oct. 1, the start of fiscal 2012.

The Judiciary had said it would sue Department of Administration Director Benita Manglona because its her job to provide allotments to the courts. That was averted by an agreement between Chief Justice F. Philip Carbullido and Gov. Eddie Calvo to prioritize the Judiciary in releasing budget allotments. The Judiciary will receive at least 87 percent of its monthly allotment, and 100 percent if collected revenues allow for full payment.

It's hoped this is the last time this sort of action is needed to protect the funding, and the independence, of our local courts. The island's elected officials have to accept that the Judiciary of Guam is truly an equal and independent branch of government, and to ensure that it can act as such by ensuring it is fully funded in a timely manner.

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Funding: Ensure Judiciary gets its allotments, and on time, to keep it independent

As the island celebrates Law Week to increase and improve the public's understanding of the courts and the role our judicial system plays in the community, it is important to emphasize that the